Legal Opinion
Williams v. Stewart
New Mexico Court of Appeals
Decided March 22, 2005No. 23,730PublishedCited by 71 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} This is an appeal from an order granting summary judgment and dismissing a class action lawsuit. The issues primarily concern the application of the discovery rule. The essential elements of fraud are also at issue. Under the circumstances presented, we conclude that publicity concerning a program to use body parts removed in autopsies did not give rise to a duty to inquire as a matter of law and that the district court therefore erred in determining that the statute of limitations bars the claims asserted. Additionally, we hold that fraud was not adequately pleaded…
2Cases cited35 opinions
- Fannie Ball (02-6289) Stephen Heiser (02-6311) v. Union Carbide Corp.Court of Appeals for the Sixth Circuit · 2004
- Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
- Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.New Mexico Supreme Court · 2001
- Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
- Roberts v. Southwest Community Health ServicesNew Mexico Supreme Court · 1992
30 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Grynberg v. Total S.A.Court of Appeals for the Tenth Circuit · 2008
- Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
- Genesee County Employees' Retirement System v. Thornburg Mortgage Securities TrustDistrict Court, D. New Mexico · 2011
- Maestas Ex Rel. Estate of Varela v. ZagerNew Mexico Supreme Court · 2007
- McNeill v. Burlington Resources Oil & Gas Co.New Mexico Supreme Court · 2008
66 more not listed; retrieve them via the Exa API.